Hunter Biden Withdraws Bid for New Trial in Federal Gun Case

Jack Phillips
By Jack Phillips
July 9, 2024Courts
Hunter Biden Withdraws Bid for New Trial in Federal Gun Case
Hunter Biden and his wife, Melissa Cohen Biden, leave the J. Caleb Boggs Federal Building in Wilmington, Del., on June 7, 2024. (Kevin Dietsch/Getty Images)

Hunter Biden withdrew his motion for a new trial on July 9 after being convicted last month on federal gun charges and a day after prosecutors claimed that his request for a new trial was based on a misunderstanding of how the U.S. appeals court system works.

On Tuesday, Mr. Biden’s attorneys stated in a court filing with the U.S. District Court in Delaware that he is no longer requesting a new trial.

Mr. Biden filed a motion on June 24 to request a new trial after claiming U.S. District Judge Maryellen Noreika, the trial judge who oversaw his case, lacked the power to bring the trial because the U.S. Appeals Court for the 3rd Circuit had yet to issue rulings on his appeal of the case.

“Naturally, any district court action taken after it has been divested of jurisdiction by an appeal must be vacated,” his attorneys wrote at the time.

But special counsel prosecutors who brought the gun charges against Mr. Biden wrote in a Monday court filing that the appeals court had allowed the judge to put him on trial. Prosecutor Derek Hines, who wrote the brief, asserted that Mr. Biden’s attorneys’ request for a new trial was “meritless and is based his apparent misunderstanding of appellate practice.”

“His motion is based on his belief that prior to his trial, the Third Circuit was required to issue a formal mandate and therefore this Court somehow lacked jurisdiction even though the Third Circuit had held that it did not have jurisdiction,” Mr. Hines wrote.

The appeals court already dismissed two of his appeals and denied a petition to rehear them, he said.

“While the defendant repeatedly insisted before trial that his appeals divested this Court of jurisdiction, this is the first time he has spun this laughable tale of the mystery of the missing mandates,” he wrote. “But both dismissal orders are plainly stamped ‘Issued in Lieu of Mandate’ and provide no basis for this Court to reconsider its earlier rulings with respect to jurisdiction when non-appealable orders are appealed.”

Judge Noreika previously wrote that Mr. Biden’s appeals of pre-trial rulings “will not independently divest this Court of jurisdiction” and proceeded to trial. A jury in the case ultimately found Mr. Biden guilty on three federal gun charges.

His three convictions stemmed from a 2018 purchase of a pistol and checking “no” on a federal gun purchase form that asked if he used or was addicted to illegal drugs. Prosecutors pointed to self-admissions of ongoing drug use around the time of the gun sale to argue Mr. Biden lied on the form. He then unlawfully possessed the gun, a Colt Cobra .38 special revolver, for more than a week, prosecutors said.

Under federal sentencing guidelines, Mr. Biden faces a maximum of 25 years in prison and $750,000 in fines. However, as a first-time offender, it’s unlikely that he will be given the maximum penalty. His sentence will be issued by the judge overseeing the case.

The judge has not set a sentencing date for Mr. Biden, who has denied any wrongdoing.

Defense attorney Abbe Lowell said after the conviction that they would “continue to vigorously pursue all the legal challenges available.” In a written statement, Mr. Biden stated he was disappointed by the outcome but grateful for the support of his family.

President Joe Biden said that he and First Lady Jill Biden are proud of their son, who has stated that he has been sober for five years. “So many families who have had loved ones battle addiction understand the feeling of pride seeing someone you love come out the other side and be so strong and resilient in recovery,” the president said.

Previously, the president has said that he would not issue a pardon for his son and would accept the jury’s verdict.

The Epoch Times contacted Mr. Biden’s attorney for comment Tuesday.

From The Epoch Times